Kavanaugh, J., concurring
The Grutter Court rejected those arguments for ending race-based affirmative action in higher education in 2003. But in doing so, the Court struck a careful balance. The Court ruled that narrowly tailored race-based affirmative action in higher education could continue for another generation. But the Court also explicitly rejected any “permanent justification for racial preferences,” and therefore ruled that race-based affirmative action in higher education could continue only for another generation. 539 U. S., at 342–343.
Harvard and North Carolina would prefer that the Court now ignore or discard Grutter’s 25-year limit on race-based affirmative action in higher education, or treat it as a mere aspiration. But the 25-year limit constituted an important part of Justice O’Connor’s nuanced opinion for the Court in Grutter. Indeed, four of the separate opinions in Grutter discussed the majority opinion’s 25-year limit, which belies any suggestion that the Court’s reference to it was insignificant or not carefully considered.
In short, the Court in Grutter expressly recognized the serious issues raised by racial classifications—particularly permanent or long-term racial classifications. And the Court “assure[d] all citizens” throughout America that “the deviation from the norm of equal treatment” in higher education could continue for another generation, and only for another generation. Ibid. (internal quotation marks omitted).
A generation has now passed since Grutter, and about 50 years have gone by since the era of Bakke and DeFunis v. Odegaard, 416 U. S. 312 (1974), when race-based affirmative action programs in higher education largely began. In light of the Constitution’s text, history, and precedent, the Court’s decision today appropriately respects and abides by Grutter’s explicit temporal limit on the use of race-based affirmative action in higher
